FUNDAMENTAL

CRIMINOLOGY
INTRODUCTION

 theoretical explanations contribute to an understanding of criminal behavior

and also provide an important framework.
 for examining current policies and past as well as present treatment efforts
established to deal with or alleviate the crime problem.
 theories are important for the development of political and social policies and
treatment programs for dealing with criminals and their victims.
 Therefore, major criminological perspectives on the study of crime and
criminal behavior.
SCHOOLS OF THOUGHTS IN
CRIMINOLOGY
The field of criminology began with the classical school of criminology.
 The classical school views human behavior as rational and assumes that people have the ability to
choose right from wrong.
 The classical school of criminology was
 developed by Cesare Beccaria and Jeremy Bentham in response to the primitive
 and cruel European justice system that existed prior to the French Revolution of 1789. Basically, the
eighteenth-century classical school
 viewed human behavior as essentially rational in nature;
 felt that people had the ability to choose right from wrong;
 believed that the major element governing a person’s choice of action was the basic human desire to
obtain pleasure and avoid pain.
CLASSICAL SCHOOL OF THOUGHT

 classical school has its roots in the idea that people who commit crime choose
to do so after weighing the consequences of their actions. Classical theory is
based on the following three assumptions:
1. All of us have free will to make a choice between getting what we want
legally or illegally.
2. The fear of punishment can deter a person from committing a criminal act.
3. The community or society can control criminal and noncriminal behavior by
making the pain of punishment and penalties more severe than the pleasure from
criminal activities and their gains.
SCHOLARS

 JEREMY BENTHAM
 An influential early classical theorist was the British philosopher Jeremy
 Bentham, born in 1748. He believed that people have the ability to choose
right from wrong, good from evil.
 His explanation for criminal behavior included the idea that people are
basically hedonistic, that is, they desire a high degree of pleasure and avoid
pain. People who choose to commit criminal acts think they stand to gain
more than they risk losing by committing the crime.
 Bentham believed that the criminal justice system should deter people from
making this choice.
SCHOLAR Jeremy Bentham

 Bentham’s perspectives on human behavior had its roots in the concept of utilitarianism, which assumes
that all of a person’s actions are calculated.
 He introduced Utilitarianism
 Utilitarianism is the doctrine that the purpose of all actions should be to bring about the greatest
happiness for the greatest number of people.
 Bentham developed a felicitous calculus, or moral calculus, for estimating
the probability that a person will engage in a particular kind of behavior.
 People, he believed, weigh the possibility that a particular behavior pattern
or action will cause current or future pleasure against the possibility that it
will cause current or future pain.
POSITIVIST SCHOOL OF THOUGHT
 The positivist perspective also stressed the idea that much of our behavior is a function of external
social forces beyond individual control, as well as internal forces such as our mental capabilities and
biological makeup.
 With the advent of positivism, people were beginning to be perceived and understood as organisms that
are part of the animal kingdom whose behavior is very much influenced (if not determined) by social,
cultural, and biological antecedents, rather than as self-determined beings who are free to do what they
want.
 There is great diversity in positivist theories on the causes of crime: some stress external (or social)
factors more, and others stress internal (or individual) factors more.
 Based on Comte’s positivism, Cesare Lombroso (1835–1909) and his distinguished pupils Enrico Ferri
(1856–1929) and Raffaele Garofalo (1852–1934) founded positivist criminology—the modern, positivist
school of penal jurisprudence—and led what has been called the Italian school of criminology.
CESARE LOMBROSO

 Cesare Lombroso was born in Venice, Italy, in 1835. Educated in medicine and
psychiatry, he became a professor of criminal anthropology at the University
of Turin in 1906.
 Using various physiological and cranial measurements of known criminals,
Lombroso developed the theory that certain persons who engage in criminal
behavior are “born criminals.
 Lombroso believed that criminals could be distinguished from non-criminals
by a variety of what he termed physical stigmata, such as a long lower jaw,
flattened nose, and long, apelike arms.
CESARE LOMBROSO

 Lombroso’s approach “suggested that criminals are distinguished from non-criminals by the
manifestation of multiple physical anomalies, which are of atavistic or degenerative origin.
 The concept of atavism (from Latin atavus, ancestor) postulated a reversion to a primitive or subhuman
type of man, characterized physically by a variety of inferior morphological features reminiscent of apes
and lower primates, occurring in the more simian fossil men and, to some extent, preserved in modern
‘savages.
 Lombroso not only focused on the “born criminal,” atavism, and degeneracy; as a positivist, he also
expressed concern for factors such as the social and physical environment of the offender.
ENRICO FERRI

 Enrico Ferri was born in Mantua, Italy, in 1856. His dissertation, published in
1878, was entitled Criminal Sociology.
 It was in its fifth edition when Ferri died in 1929. He was, for many decades,
an acknowledged leader of the positivist school of criminology.
 Ferri coined the term “born criminal” and developed a fivefold scientific
classification of criminals.
 focused on the causes of crime, criminal sociology, social reform, and
effective criminal justice.
ENRICO FERRI
 Ferri first coined the term “born criminal,” to designate Lombroso’s atavistic type of criminal,
and developed one of his basic ideas: scientific classification of criminals.
 Ferri’s classification included the following: (PG 15 of the guide)
 born or instinctive criminal, who carries from birth,
 insane criminal, affected by a clinically identified mental disease
 passional criminal, the criminal through passion (a prolonged and chronic mental state)
 occasional criminal who constitutes the majority of lawbreakers and is the product of family
and social milieu more than of abnormal personal physiomental conditions
 habitual criminal, or rather, the criminal by acquired habit
RAFFAELE GAROFALO

 Raffaele Garofalo (1852–1934) was the third of the leading exponents of

positivism. Garofalo was born of Italian nobility in Naples in 1852.
 He was a professor of criminal law at the University of Naples and is known
principally in the United States for his major work, Criminology.
 Garofalo also rejected the doctrine of free will. He believed that crime and
criminal behavior can be understood only by using scientific methods, and
that science deals with universals.
RATIONAL CHOICE THEORY

 Developed by Derek Cornish and Ronald Clarke, rational choice theory focuses on the situational aspects
of criminal behavior.
 Rational choice (or situational) theory stresses the point that society can achieve a high degree of crime
prevention by focusing on the situational aspects that influence particular types of criminal behavior.
 According to rational choice theory, a criminal rationally chooses both the crime to commit and the
target of the crime. The criminal, in other words, does not randomly select his or her target.
 Choice theory says that criminals are rational beings who evaluate available information to decide
whether a crime is attractive and worthwhile.
 DETERRENCE THEORY
 stresses the idea that an individual’s choice is influenced by the fear of punishment. Deterrence is the
act of preventing a criminal act before it occurs, through the threat of punishment and sanctions.
 Rooted in the classical perspective, deterrence theory focuses on the following premises:
 For punishment to be a deterrent to criminal behavior, it must be certain, swift, and severe.
 The severity must be sufficient to outweigh any rewards that the criminal may obtain from a criminal
act.
 Deterrence theory also includes the idea that forced retribution for a crime should reduce crime rates.
 Retribution is the notion that a wrongdoer should be forced to “pay back” or compensate for his or her
criminal acts. (Page 22 explains other models)
 ROUTINE ACTIVITY THEORY (RAT)
 Stresses the idea that criminals are not impulsive or unpredictable, because they balance the
costs as well as benefits of committing crimes.
 In an analysis of crime and routine activities, Lawrence E. Cohen and Marcus Felson consider the
trends in crime rates in terms of the changing
 Routine activities of everyday life. RAT explains why crime and delinquency occur in particular
places under specific conditions.
 RAT explains why crime and delinquency occur in particular places under specific conditions.
 For crime to occur there should bean offender, suitable targets, absence of capable guardian.
 One way of examining routine activities theory is to focus on the locations where crimes are
most likely to occur.
Sociological POSITIVISM

 1. CULTURE CONFLICT
• Developed by Thorsten Sellin in 1938
• Revolves around the idea of conduct norms, or rules that govern
behavior.
• Sellin argues one is reared with cultural values about proper conduct.
• The content of those norms varies from culture to culture.
• Sellin suggested two main forms of culture conflict
• Primary Culture Conflict: When two different cultures govern or
regulate behaviour
• Secondary Culture Conflict: Deals with smaller cultures that are
t i d ithi l lt O ill th th
SOCIOLOGICAL POSITIVISM

 2. STATUS FRASTRATION THEORY

• Albert Cohen (1955)
• Direct extension of Robert Merton’s Anomie Theory
• Focused on young, lower-class delinquent males
• Believed there are certain individuals, whatever
their social circumstance, were predisposed or
prone to delinquency and Cohen was interested in
what triggered it
SOCIOLOGICAL POSITIVISM

 2. STATUS FRASTRATION THEORY

• Cohen believed lower-class boys or
• ‘corner boys” were judged in terms of middle-
class values and that, because of their
socialization, they were ill-equipped to
compete with middle-class boys in status
• Cohen outlined 3 ideal type response in terms
of which the lower-class boys usually adapt
SOCIOLOGICAL POSITIVISM

 2. STATUS FRASTRATION THEORY

i. Stable corner boy response
This response is a hesitant acceptance of one’s lot in life.
They adapt to their situation and might be quilty of some
delinquent acts.
ii. College boy response
Internalise middle-class norms and values and aspire to
improve themselves through educational success and
compete with middle class. Unlikely to be delinquent
Sociological positivism

 STATUS FRASTRATION THEORY

2.

 Iii. Delinquent boy response

 These boys experience strain or stress
called status frustration.
 Therefore a new cultural group called a
delinquent subculture or gang is created to
resolve the problems of lower-class status.
SOCIOLOGICAL POSITIVISM

 COHEN’S 5 CHARACTERISTICS OF THE LOWER-CLASS

DELINQUENT GANG
 1. Non-utilitarianism: Steal for excitement
 2. Maliciousness: Acts such of vandalism, such as tearing
down street signs and putting sugar in people’s car engines,
are common
 Negativism: They have their own norms and values and turns
down any foreign norms
 Short-run hedonism: They seek immediate gratification and
are impatient, impulsive, reckless and out of fun
 Group Autonomy: Disrespectful to authority and resist any
kind of restriction on the behaviour
SOCIOLOGICAL POSITIVISM

 DIFFERENTIAL OPPORTUNITY THEORY

• Richard Cloward and Lloyd Ohlin (1960)
• Assessed under which conditions will people experience
strain and tension leading to delinquent solutions
• Identified 3 major categories of delinquent subcultures:
. Criminal Subculture: criminal values
. Conflict Subculture: violence is the major activity
. Retreatist Subculture: Withdrawal from society and
drug abuse is major activity
SOCIOLOGICAL POSITIVISM

 ANOMIE THEORY
• Developed by Robert Merton in 1930
• Also known as strain theory and mainly concentrate on
deviance and not on criminality
• Merton divided society into two structures:
• Cultural Structure: Deals with society’s goals or dreams
and what the members of the society value and strive for.
• Social Structure: Deals with the institutionalized means
by which the goals are supposed to be achieved.
SOCIOLOGICAL POSITIVISM

 ANOMIE THEORY
• In a well-balanced society, these two structures are
integrated so that all members know and accept the goals
and have the appropriate constitutional means to achieve
them.
• However, not all people will be uniformly successful in
achieving the goals due to various biological, sociological and
psychological factors that might have an impact on them.
• Factors such as unemployment, poverty, social class
structures, mental illness and intelligence might cause a
disjunction between the goals and the means.
Sociological positivism
 ANOMIE THEORY
• This is what Merton called Anomie
• Anomie produces strain or stress in those who realize they could not
achieve their goals through the prescribed institutionalized means.
• This causes huge frustration within people and as a result they
reject the prescribed means of laws, rules, values, norms and
beliefs.
• They then follow the so called ‘illegitimate’ means to achieve their
success goals.
• The opposition of the cultural structure and social structure creates
intense pressure for deviation and the response to this is referred to
as ADAPTATION
SOCIOLOGICAL POSITIVISM

 ANOMIE THEORY
 MERTON’S TYPOLOGY OF INDIVIDUAL ADAPTATION TO
ANOMIE
• Merton identified 5 modes of adaptation and stated that 3 of
the adaptations (innovation, retreatism and rebellion are
deviant) and other 2 (Conformity and Ritualism are not
deviant)
1. Innovation: Individuals accept the cultural goals but reject
the institutional means to attain these goals. This occurs where
there is a lack of equal opportunities for all. Here, lower-class
youths will become deviant.
ANOMIE THEORY
 2. Retreatism: Individuals reject both the cultural goals and
the social means and withdraw or retreat from society. These
people have been socialised to accept both the goals and the
means of society. However, through failure to achieve success
or to escape the judgement of others, they drop out of
society. Drug addicts, alcoholics and vagrants fall into this
category.
 3. Rebellion: Reject both the cultural structure and the
social structure and wish to replace them with new goals and
means. Could also take the form of extremely violent
antisocial gang activity.
ANOMIE THEORY

 4. Conformity: Such members of society accept the

cultural goals and follow the prescribed means to achieve
the goals, no matter how difficult it might be because of
lack of legitimate opportunities. Conformity makes social
order possible, anomie is absent and deviance. Members
of society work extremely hard to be successful and
realize their aspiration and dreams.
 5. Ritualism: Abandon or reject the goals of success but
accept the prescribed means or rules of society. They do
not deviate and generally find themselves in the lower-
middle class of society.
Differential association theory

• Developed by Edwin Sutherland in 1939 and

continued to revise it until its final form
appeared in 1945.
• He created a general theory of criminal
behaviour by insisting that all types of
behaviour, good or bad, are learnt in the social
environment in much the same way.
• Sutherland presented his theory in the form of
9 propositions
Differential association theory

 SUTHERLAND’S PROPOSITIONS
 1. Criminal behaviour is learnt
 2. Learnt through interaction
 3. Basic part of the learning occurs within intimate personal groups
such as the family and among peers
 4. Learning includes learning techniques and specific direction
 5. Specific direction of motives and drives is learnt from definitions
of legal codes as either favourable or unfavourable.
 6. A person becomes delinquent when there are more reasons to
disobey the law than to obey it.
Differential association theory

 7. Differential association may vary in frequency,

duration, priority and intensity
 8. The process of learning criminal behaviour involves the
same mechanisms as any other form of learning.
 9. Although Criminal behaviour is an expression of general
needs and values, it cannot be explained by those general
needs and values, since non-criminal behaviour is an
expression of the same needs and values
LOWER-CLASS FOCAL CONCERN THEORY

• Walter Miller (1958) outlined the central elements of cultural

diversity theory and focused on the lower-working class
culture as the prime source of delinquency.
• Most boys who participated in Miller’s study lived in single-
parent, female-headed households in lower-class
communities.
• In these families, adult males were either absent and boys
were left in households without consistent male role models.
• Under such circumstances, these boys reached out to a
group, eventually a gang or delinquent subculture, where
they found the first real opportunity to learn essential
features of the male role.
LOWER-CLASS FOCAL CONCERN THEORY

• Focal concerns are features, aspects or characteristics of

a subculture that require constant attention and care
within that specific subculture.
• The lower class, as an integral part of the larger society,
shares many of its characteristics and concerns with
other social classes.
• Miller identified six major focal concerns which are easily
discerned among lower classes and which might lead to
conflict.
LOWER-CLASS FOCAL CONCERN THEORY
 1. Trouble: Encounters with police; fighting; sexual activities
and unwanted pregnancies; conflict relations.
 2. Toughness: Masculinity; women viewed as subservient “sex
objects”; bravery in the face of physical violence.
 3. Smartness: Not outwitted or conned; being street wise; the
ability to cheat other people.
 4. Excitement: The search for thrills and risk taking; drinking,
fighting sexual adventures.
 5. Fate: Life determined by forces over which one has little
or no control; being lucky or not.
 6. Autonomy: Desire for independence; resistance to control
by other people of their lives.
LOWER-CLASS FOCAL CONCERN THEORY

• In the eyes of the lower-class boy, the

tough guy who is hard, fearless and a good
fighter is the ideal man.
• Miller contended that the lower class has a
distinctive culture of its own.
• Lower-class values, or focal concerns,
predispose lower-class boys to crime and
delinquent behaviour
GROUP ASSIGNMENT
 TOPIC:DISCUSS THE THEORY OF INDIVIDUAL POSITIVISM
AND PLACE MUCH EMPHASIS ON HOW CRIME AND
CRIMINALITY ARE NOT ALWAYS A MATTER OF FREE CHOICE.
 INSTRUCTIONS:
 1. 10 TYPED PAGES
 2. HARVARD REFERENCING STYLE
 3. TURNITIN
 4. ARIAL TYPING STYLE
 5. SIZE 12, 1.5 SPACING
NEXT CLASS

 CHAPTER 5
 CONSEQUENCES OF CRIME